Can I just give you $100? I'm leaving a baseball game. >> I'm not going to survive. I'm not going to pass it. You're not going to survive. >> Why? Why take a test if I'm not going to pass it? >> On February 28th, 2023 in Clearwater, Florida, a man named Mark was stopped, investigated, and arrested for driving under the influence following a hit and run. Stay right here. Don't go anywhere. Turn your car off. This one. >> He don't even know he hit me. >> He's asking me, "I got the video." He's like, "What happened?" >> I got you. If you don't mind, just stand back there. I'll be right with you. >> He's like, "What happened? Can I just give you $100? I'm leaving a baseball game. I'm trying to get to my next spot." No. No. You just hit us so hard. >> You got your ID or anything on you, boss? >> The stop was lawful from the start. under Terry versus Ohio decided in 1968, an officer needs only reasonable, articulable suspicion to detain someone. A hit-and-run suspect still at the scene clears that bar easily. Ordering Mark out of the car was also constitutional. Pennsylvania versus Mims 1977 gives officers the right to remove a driver during any lawful stop. Florida statute section 316 061 separately required Mark to remain and exchange information which he had not done. When the officer began asking about alcohol, Mark had not yet been arrested. Under Burkimer versus McCarti 468US 420 1984 pre-arrest roadside questioning is non-custodial. Miranda warnings are not required. Every answer Mark gave was fully admissible. >> Do you mind stepping out of the car for me? >> You're good. Do you mind stepping out? >> Up to you. >> Yeah, you got to unlock the door. >> Be that guy. >> You got to unlock the door. >> You want to move them first? >> No, I'm going for you. >> Hold on. >> Have you Have you been drinking at all? >> Oh, it's not a baseball game. >> Have you That's not the question I asked. Have you been drinking today? >> Yes. >> Okay. All right. >> Have you been drinking? >> Sorry. >> Have you been drinking, too? >> Sure. >> All right. >> Go ahead and step out of the car for me. >> Appreciate it. You got your license on you >> right here. Perfect. Grab it for me. >> Hello. >> Hello. Are you guys involved in the same accident? Okay. >> Yeah. >> All right. We just want to let them know like y'all just hit us and they trying to run the bus. >> Okay. All right. Who's driving? Okay. >> Yeah. He was telling me, "Hey, it's a little strange." Yeah. Maybe my car. Maybe. But this Enterprise is going to question me about you. I don't This is a rental. >> This is a rental cuz I I just got out of an accident. Somebody just hit me December and somebody hit me in that same spot in July. >> Oh my goodness. >> Do you have their rental information? >> I can help. So S wants us to move him out of the parking lot >> or move him out of the road into a parking lot. Um but this guy's reaching for baseball games. >> Um Okay. So you were behind her and you got close to her. Is that correct? >> We got close. We rubbed. This way. I'm sorry. >> Okay. >> There's nothing to me. There's nothing major going on. I'm sorry. >> Okay. All right. Hang tight. Uh if you don't mind, take a seat on the curb for me. All right. Did you I I I want to do this here. >> No, I I'll I'll sit on >> purp. >> Have you been drinking at all? >> I was at the ball game today. >> All right. I mean, uh it's not illegal to drink, but I'm saying, are you in any condition to be driving? How do you feel right now? >> I feel fine. >> You do? >> I do. >> Okay. Did you rear end that car and then leave? >> I didn't think I rear end the car. She came out, yelled at me, and I'm like, I I had enough of this, and I just took off my life. >> All right. I don't I just got yelled at. >> Yeah, we're going to we're going to move your car into that uh Chevron uh parking lot over there. All right. Is your car running right now? >> My car is not running right now. >> All right. Where's the key? I'm going to move it. All right. >> Okay. >> Hey, man. Move your car. >> All right. >> How do you start this thing? >> Did you have your seat belt on? Yeah, we all did. >> You move your car. Follow those cars. We're going to go into the parking lot right here. >> I'll walk over there. >> Okay. >> Put the car in reverse. All I hear is >> Okay. So, just tell me so I know exactly where it happened at. Tell me where it happened at. >> No. As if you were pulling out 7-Eleven on the side. >> Going out to 7-Eleven. Oh, over here on Drew Street. >> All right. So, you guys were on Drew? >> Yeah, we were on Drew at the red light. All we heard. >> So there was there was nobody ahead of you. >> There was a car in front of us. >> How many? >> A lot. It was traffic. >> Yeah. So I need to I'm trying to figure out how far back >> at the the the exit of the power. >> Okay. So now I know where you were. Okay. >> When she told you to stop, didn't she try didn't tell you to stop or you just kept going? >> No, she came started yelling at me. >> Well, what did she say? You hit my car. >> You like you ran into me. You hit me. You hit me. I'm like I look at the damage. I'm like there's no damage. This is the rental car or is that the rental car? >> No, this is my car. >> Oh, this is your car. All right. >> No, I mean you look at the front of it, too. >> All right. Well, come and show me. Do you have any damage to the front of it? >> If I were running somebody, I hit somebody. >> Yeah. No, I mean, you could you could hit somebody just tap them and not have any damage, you know? I mean, it's a heavy vehicle, you know? You got all of this stuff here. Yeah. And I'm like I don't want to deal with all the extracurricular activities and so I just it's what it is. >> All what's the extracurricular activities? >> I read the news, man. >> What do you mean? What? I don't know. So tell me what do you mean? >> Race wars and all. >> Oh. Oh, okay. No, I didn't know exactly. >> I I didn't know exactly what you meant. Oh, cuz you felt it was confrontational. >> I didn't at that point when she came out and started kissing me like I just want to put my hands up. I mean, it is what it is. >> Told me to get out and get his tag number. >> I can tell. But he was like, >> if if let's say you're ever involved in a hit and run, you want to get a tag and you want to get a good description. >> That's why I start recording them. I'm like, he's like, "Let me just give you $100." I say, "Oh, no." He said, "Hell no." I I guess when I tell him to honestly, I say, "Listen, we just they just I just settled my They just gave me I just cashed my check for 10,000 yesterday. Give me 10,000. We won't worry about it. I'll pay enterprise. If I have to, I will. Just give me my 10,000. I'll show you right now my receipt from yesterday. >> I don't have 10,000. I'll give you 100. I said, bro, >> tell the police he's trying to learn right now. I can feel it. And then right after that, I walked to the car. He do that reverse. He back. >> I'm like, whoa. In my car, when he hit us, it went into like the parking brake. So, I had to take it off the parking brake. He like, >> "Ma'am, were you in the car at the time?" >> Passenger. >> Okay. Do you have your ID on you? >> I do. Would it be all right if my friend grabs an Uber for us at a Best Buy place? >> I think at this point that's premature. >> Okay. I'm I'm >> Can he get an Uber? You saying? >> No. No. No. So we can >> Yeah, that's premature. Yeah. Yeah. That That's premature. All right. If he wanted to leave, you know what I mean? After we get his information, he could leave. But right now, you can't leave. >> Fair enough. >> Yeah. So if he wants to stay with you to see how this turns out, then he's welcome to stay, you know. Okay. >> Yeah. >> How much did you have to drink? >> Couple drinks. Watching the game is drink. >> Vodka. >> Vodkas. All right. And did you have any mixture with the vodka or just the vodka? >> Vodka and club soda. >> The what? >> Vodka or club soda. >> Vodka and club soda. About how many of those did you have? >> Four. Five. >> Four or five. >> Mhm. >> Okay. And what how much did you have to eat today? >> Not much. Not much to eat. >> I had a burger and a hot dog. >> A burger and a hot dog and about four or five vodkas and club sodas. Do >> you have anything else to drink today? >> I did not. >> No other alcoholic beverages. Just the vodkas. >> Okay. And about what time the game ends? >> I have no idea what time it is. >> You don't know what time you're just hanging out, having fun. >> What time do you think it is? Roughly >> 5:30. >> About 5:30. Okay. You're not too far off. Uh 6:00. So, what time did you stop drinking? >> When I left. >> When you left, you stopped drinking. All right. Is there any open alcohol in the car right now? >> Not a side note. >> Okay. Excellent. All right. Um, do you mind if I just check your eyes? Make sure you're okay to drive. >> Um, I will gladly grab an Uber, too, if you want me to. >> That's not why am I I'm asking. Okay. I'm asking if you're okay to drive. Like, check your eyes. Okay. >> All right. You're going to put your feet together, hands down by your side. >> All right. You see the tip of that pen right there? What color is that? silver. >> Okay. Watch that with just your eyes and don't move your head. Do you understand what I'm asking? >> I do. >> Okay. Just your eyes and don't move your head. Do you understand what I'm saying? >> Mhm. >> All right. Just your eyes. Keep your head nice and still. Keep your head still. Okay. Keep your heads up. >> The officer ran all three NHTS, a standardized field sobriety evaluations. In Florida, these tests are entirely voluntary. Mark had the legal right to decline all three without any separate criminal penalty attached to that refusal. He did not exercise that right. What Mark said instead cost him far more. He told the officer on camera, "Why take a test if I'm not going to pass it." That statement is not covered by the fifth amendment. It was spontaneous, voluntary, and directly admissible as evidence of consciousness of guilt at trial. Refusing the walk and turn carries no standalone penalty, but explaining that refusal by saying you know you are impaired converts a protected legal choice into self-inccriminating testimony. The law gives you the right to decline. It does not protect what you volunteer. On top of that, Mark agreed to the one leg stand and counted to approximately 16. By that point, the officer had HGN indicators, an admission of four to five vodkas on a near empty stomach, and Mark's own statement that he believed himself too impaired to walk a straight line. That combination satisfied probable cause under Florida Statute Section 3161 93. Graham versus Connor 490US 386 1989 holds that probable cause is assessed by the totality of circumstances known to the officer at the moment of arrest. right here. Keep your eyes on the pen. Let me go real slow. >> Sir, if you're going to arrest me, arrest me. It is what it is. >> All right. What's your first name? >> Mark. >> Mark. All right. Mark, there's certain steps that we have to take, okay, in an investigation. >> I understand. >> Do you want me to just jump into arresting people or do proper investigations? Okay, that's that's not an improp that's a grossly improper way to do >> No, I I understand I understand your job. I totally understand. >> Feet together, hands by your side. Okay, nice and slow. Right here. Keep your head still. Okay. All right. Now, I'm going to go up. Keep your head nice and still. One more time. Okay, Mark. So, what I'm doing right now is I'm affording you the opportunity to dispel any kind of belief in impairment cuz I am seeing obvious signs of impairment. All right. Okay. >> Would you be willing to do some exercises? Just a walk and turn and a one leg stand. Nothing crazy. No push-ups and sit-ups or anything like that. I'd rather do a push-up and sit up. >> I understand. So, but these are standardized exercises. Are you willing to do the exercises and walk over the education? And if I say no, >> now I have to move forward based on my observations. My observations is that you're grossly impaired. >> So this is your opportunity to dispel that if you're going to willing to do the uh exercises. >> What do you need me to do? >> It's just a walk and turn and a one leg stand. I'm going to go through the instructions very slow and methodically. >> Okay. We're going to go to the top of the line over here. It's not straight. Okay. Here's what we're going to do, Mark. We're going to use this white line right over here. Okay. All right. It's a It's a better line. >> All right. This is drawn out by a machine. So, >> okay. Do you have any physical defects? >> Yeah. Like one leg showing the other steel rod in your back? >> No. None of that. >> Okay. Are you currently sick or injured? >> No. >> Are you taking prescription medications? >> I am. >> What's it you're taking? >> Blood pressure medicine. >> What else? >> That's it. >> Just the blood pressure medicine? >> Yep. >> Okay. Uh are you diabetic or take insulin? >> No. >> You wear glasses or contacts? >> I do wear glasses. You wear what? >> I do have glasses. >> Glasses for what? For reading or for >> reading everything. >> For everything. All right. So, can you see this white line in front of us? >> I can. >> Okay. So, uh are you What's the highest level of education you've completed? >> My eyesight is not good. >> I don't know. I don't know what the uh parameters are of what my eyesight is, but I do have glasses. >> Okay. Do you need your glasses right now? >> No. >> Okay. What's the highest level of education you've completed? >> Some college. >> Some college. Okay. Uh, in the last 24 hours, how much alcohol have you had? >> Couple drinks. >> You said the five or six vodkas? >> I don't know the number. I I have a drink, go to bed, sleep, wake up. >> I'm talking about today. >> Five or six. >> Okay. Any drugs, narcotics, marijuana, anything like that? Okay. All right. So, what we're going to do, you want to keep your shoes on or off? >> I'd rather have them off. >> Off. All right. It's up to you. Like I said, this is your opportunity. Okay. >> Mhm. >> So, here's what we're going to do. You put your left foot on the line just like mine, right foot in front, touching heel to toe, hands by your side, and stand just like I am. Okay? And don't move until I ask you to cuz I'm going to give you the instructions and I'm going to show you how to do it. All right? So, what I'm going to ask you to do, I'm going to step off the line so I can show you. So, again, you're going to stay in the start position. When I ask, you're going to take nine heel to toe steps down the line. Nine. Nine heel to toe steps down the line. Turn around just like I show you. And now he feel the toe steps back up the line. Look down at your feet. Count each step out loud. Okay. Now, when you walk, >> don't step off the line. >> I'm gone. >> What's that, Mark? >> I'm gone. >> Are you refusing to do this one? >> Yeah. I don't have it in me to do that. >> What's that? >> I don't have it in me to do that one. >> I can't understand what you're saying. >> I do not have it in me to do that one. >> Why is that? >> I'm not going to survive. I'm not going to pass it. >> You're not going to survive walking test. >> Why? Why take a test if I'm not going to pass it? >> Okay. Well, again, like I said, if you >> And I'm not trying to be I'm not trying, >> but I have to go step by step. >> I understand your job, too. >> Do you want to try the one leg stand exercise? >> All right. >> Either way, I'm going to fail. >> I can Why? >> I'm going to fail the test. >> Okay. Are you You're not willing to do the exercises then? >> No, I'm not tell I'm not refusing. I'm going to tell you, Mike, I'm going to fail the test. >> Okay. But I need a yes or a no as to whether or not you're going to cooperate with the the investigation. >> I will cooperate with you. Yes. >> Okay. So then that involves you actually conducting the walk and turn and then the one leg stand. It's just the two exercises. >> Okay. >> Are you willing to do it? Yes or no? >> For you. Yes. >> Excellent. Okay. So again, left foot on the line. All right. Right foot in front at your heel to toe. Hands by your side. All right. When you walk, you're going to look down at your feet. Count out loud each step. Don't step off the line. Touch heel to toe in every step. Don't use your arms for balance. Once you start, don't stop. All right. What's it going to look like, you're going to look down at your feet and you're going to say, "One, two, three." So on so forth to nine. Leave your lead foot on the ground. Take a series of small choppy steps. Turn around. Walk back up. One, two, three. So on and so forth till you get to nine. It's nine down. Turn around just like I showed you. One, you don't start yet. Don't start yet. I'm going to go over it so that we can repeat. All right. So, left foot on the line, >> right foot in front, heel to toe. >> 99 heel to toe. Back to action. >> Just like I showed you. So, right foot in front, heel to toe. >> All right. Hands down by your side. Do you understand the instructions? >> I do. >> Do you have any questions? >> I do not. >> Okay. Look down at your feet and count out loud. >> Two. Three. Four. 5 6 7 8 9. >> Okay, let's try this. This is called the one leg stand. For the one leg stand, it's real simple. It's exactly like it sounds. Come on over here. All right, feet together here. Face me. Okay. So, feet together, hands by your side. Stay like that cuz I'm going to explain the exercise I'm going to show you. Okay. Okay. So, when I ask whichever foot you're more comfortable with, I want you to lift that foot 6 in off the ground. Look down at your toe. So, it's horizontal to the ground. You look down at your down count 1,002,000 3 so on so forth. Stop. Okay. Don't put your foot down. Don't hop on the foot you leave on the ground. Don't use your arms for balance. And try not to sway. Okay? Okay. So, just say just like I am here. If your foot does fall, then get your balance, lift it back up, continue where you left off. 1,0004,0005,000 6,0007 so on and so forth until I ask you to stop. Okay. >> That seems so much easier than what it should be. >> Yes. I mean, it's very simple. I just held my foot up for the entire time. So, all right. Do you have any questions? Do you have any Do you understand the instructions? >> Which foot are you going to lift? >> I'm going to lift my left foot. You going to lift your left and keep your right foot planted. Yep. Okay. When you're ready, go ahead and begin in front of you. Six inches. And look down at your toe and count out loud. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 Sorry, sir. I got the 16. >> Okay. Do you have any weapons or anything on you? >> I do not. >> You mind if I just check real quick? Turn around for me. >> Thank you, sir. >> All right, Mark. So, you're going to be under arrest for DUI. Okay. My question is, are you going to provide me with a sample of breath? The answer to that is no. >> Okay. Just a moment. I got to read you something cuz again, like I said, step by step, I want you to understand every step along the way. Go ahead and pop your shoes back on there. All right, Mark. If you refuse to take the test I requested of you, your will for one year or 55 is >> you understand what that means? >> I do. >> So if you refuse right now, you lose your license for a year. If you have a previous refusal, then it's going to be an additional charge. >> We do not have any previous refusals. >> Okay. So do you understand what all that means? >> Mhm. >> All right. Having that in mind, are you going to give me a sample of your breath? Yes or no? >> No. >> Okay. Come on over here. >> Can I ask my friend right there to >> No, that's that's definitely not that's going to clear what I'm talking. >> Rob, call JBird for me, please. >> Which one? >> Okay. So, the sky is what you get. I'm going to tell you. >> All righty. Put stuff right here. There's nothing. >> Okay. Still got a check. >> Still got a J. >> No other like shorts underneath anything. >> Nope. >> All righty. You guys got everything. What's your number? >> Uh 584 can of paint on top. >> Yeah, I see. >> 316 new show 584 with 115 above. So, I just wanted to I'm I'm still on. I wanted to tell you that that guy, he says it's no shape to drive. He says, but if you would allow him, he'll get another driver to come here and take that Jeep. >> No, it's a hit and run and >> Okay. All right. Yeah. All right. So, the the option of having somebody come and get the car, right, is is is not acceptable to the arresting officer. All right. because he's he's in charge of the investigation and the vehicle is going to be uh taken to a garage impounded. >> All right. So, that's what's going to happen. Do you have anything in here you got to get out at this point? >> There is a bottle of like uh >> Shantan lotion. >> Santan lotion in the back of this vehicle. >> After arrest, the officer read the implied consent warning under Florida statute section 3161 932. Driving in Florida constitutes deemed consent to chemical testing upon a lawful DUI arrest. A first refusal triggers an automatic one-year license suspension. Mark refused the breath test. In South Dakota versus Neville 459 US53 1983, the Supreme Court held that a refusal to submit to chemical testing is admissible as evidence of guilt in any subsequent DUI prosecution. Mark was convicted. He received 12 months probation, 50 hours of community service, a six-month license suspension, 10 days of vehicle empoundment, DUI school, and a victim impact panel. No civil rights claims or officer disciplinary action appeared in the available record. The officer receives a grade of A minus. Every procedural step was correctly executed. lawful detention, full NHTSA compliance on all three evaluations, proper implied consent advisement, and steady composure throughout a 19-minute encounter with multiple pressure points. The deduction reflects one missed opportunity. When Mark stated he would not attempt the walk and turn because he knew he would fail, the officer did not verbally flag that statement on camera in real time. The body cam captured it, but explicit documentation would have strengthened the evidentiary record. Mark receives a grade of C++. He was cooperative and did not resist arrest. But legally, he eliminated every protection available to him, answered questions he had no obligation to answer, then explained his refusals in ways that functioned as direct admissions of impairment. The clearest illustration of what went wrong. Failing a sobriety test is a performance the state has to evaluate and prove. Saying you will not pass because you know you are impaired is a confession the state can read back to a jury. Mark provided the second without being asked. These five lessons come directly from the law applied in this case. They are worth knowing before you ever need them. Lesson one. Field sobriety tests in Florida are voluntary. You may decline without a separate criminal penalty, but the explanation you give for declining can be used against you just as powerfully as a failed performance on the test itself. Lesson two, pre-arrest roadside questions do not require a Miranda warning, as confirmed in Burkimer versus McCarti. Anything you say voluntarily at that stage is fully admissible. Officers have no legal obligation to warn you of that before asking. Lesson three, refusing a breath test after a lawful DUI arrest costs you one year of your license under Florida statute section 316 1 932 and that refusal is itself admissible as evidence of guilt under South Dakota versus Neville. Lesson four, offering money to the other party at a crash scene does not satisfy your legal obligations. Florida Statute Section 366061 requires you to remain and exchange information. A cash offer is not a substitute for that duty. Lesson five. The most damaging thing you can say in a DUI stop is not admitting you drank. It is explaining in specific terms exactly how impaired you believe yourself to be. If you choose to decline a test, decline. Do not add an explanation. For more legal breakdowns of real police encounters, subscribe to our channel. We cover what the law requires, what officers are authorized to do, and what your rights actually look like when the camera is already rolling.